Authored by - Mr. Piyush Dev
Designation - Student
First question that comes to the mind after understanding about what Is Alternative Dispute Resolution/redressal is which type of cases can be involved in this mechanism?
Is my case suitable for mediation or arbitration or any other alternative method?
So here is the solution with a list of disputes best suited for ADR.
In the famous cases of Afcons Infrastructure Ltd. And Anr. V. Cherian Varkey Construction Co. Pvt. Ltd. And Ors., also known as the holy case in field of Alternative dispute redressed system points out cases best suited for ADR.
If your Cases involving prosecution for criminal offences.
All other civil suits to be considered suitable ADR, such as-
1. contracts (including all money claims);
2. If there is a need of specific performance
3. insurer and insured
4. suppliers and customers;
5. developers/builders and customers;
6. bankers and customers
7. landlords and tenants/licencor and licensees;
If your cases is related to relationships,
1. Whether it be matrimonial causes
2. Whether it be maintenance,
3. Whether it be custody of children;
4. Whether it be Partition
5. Whether it be division among family members
6. Whether it be co-parceners
7. Whether it be co-owners;
8. Whether it be partnership among partners.
your cases is, where there is non - fulfillment of pre-existing agreements
1. Between neighbors (relating to encroachments, rent, development work, other nuisance etc.);
2. Between employers and employees;
3. Between members of societies
4. Between associations
5. Between Apartment owners Associations;
All cases relating to tortuous liability including
1. Claims for compensation in motor accidents;
2. If there is any type of consumer disputes including
They all are best suited for ADR.
Money, time, and legal business run together but legal business never ends but one can’t say same for money and time. Alternative Dispute Resolution /redressal system is to get justices without involving many consequences of legal problems.